The Employment Tribunal Procedure Rules 2024
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Change 1
60 Reasons
(1) The Tribunal must give reasons for its decision on any disputed issue, whether substantive or procedural, including any decision on an application for reconsideration or for an order for costs, preparation time or wasted costs. (2) In the case of a decision given in writing the reasons must also be given in writing. (3) In the case of a decision announced at a hearing, the reasons may be given orally at the hearing or reserved to be given in writing which may, but need not, be as part of the written record of the decision. (4) In respect of a case management order, where reasons have been given orally at a hearing, the presiding member must announce that written reasons will not be provided unless requested by any party— (a) at the hearing, or (b) by a written request received by the Tribunal within 14 days of the sending of the written record of the decision, and the written record of the decision must repeat that information. (4A) In respect of a judgment— (a) where reasons are given in writing under paragraph (2) or reserved to be given in writing under paragraph (3), those reasons must be full reasons; (b) where reasons are given orally at a hearing under paragraph (3), those reasons may be either— (i) summary reasons, or (ii) full reasons. (4B) Where summary reasons are given under paragraph (4A)(b)(i), the presiding member must announce that the reasons given are summary reasons and that written summary reasons will not be provided unless requested by any party— (a) at the hearing, or (b) by a written request received by the Tribunal within 14 days of the sending of the written record of the decision, and the written record of the decision must repeat that information. (4C) Where written summary reasons are provided further to a request under paragraph (4B), they must state that written full reasons will not be provided unless requested by any party by a written request received by the Tribunal within 14 days of the sending of the written summary reasons. (4D) Where full reasons are given under paragraph (4A)(b)(ii), the presiding member must announce that written full reasons will not be provided unless requested by any party— (a) at the hearing, or (b) by a written request received by the Tribunal within 14 days of the sending of the written record of the decision, and the written record of the decision must repeat that information. (4E) If the Tribunal receives a request for written summary reasons in accordance with paragraph (4B), the Tribunal may, if it considers it appropriate to do so, provide written full reasons. (5) If the Tribunal does not receive a request for written reasons under paragraph (4) , (4C) or (4D), the Tribunal must provide written reasons for a case management order or written full reasons for a judgment only if requested to do so by the Employment Appeal Tribunal or a court. (6) The reasons given for any decision must be proportionate to the significance of the issue and for case management orders may be very short. (7) In this rule— “full reasons” are reasons which— identify the issues which the Tribunal has determined, state the findings of fact made in relation to those issues, concisely identify the relevant law, and state how that law has been applied to those findings in order to decide the issues, and where the judgment includes a financial award, identify by means of a table or otherwise, how the amount to be paid has been calculated; “summary reasons” are reasons which provide a brief explanation of why the Tribunal has reached its decision in respect of each issue. (8) Written reasons must be approved by the presiding member, other than written reasons for decisions made by a member of staff under rule 7(1) (delegation to staff).
60 Reasons
(1) The Tribunal must give reasons for its decision on any disputed issue, whether substantive or procedural, including any decision on an application for reconsideration or for an order for costs, preparation time or wasted costs. (2) In the case of a decision given in writing the reasons must also be given in writing. (3) In the case of a decision announced at a hearing, the reasons may be given orally at the hearing or reserved to be given in writing which may, but need not, be as part of the written record of the decision. (4) In respect of a case management order, where reasons have been given orally at a hearing, the presiding member must announce that written reasons will not be provided unless requested by any party— (a) at the hearing, or (b) by a written request received by the Tribunal within 14 days of the sending of the written record of the decision, and the written record of the decision must repeat that information. (4A) In respect of a judgment— (a) where reasons are given in writing under paragraph (2) or reserved to be given in writing under paragraph (3), those reasons must be full reasons; (b) where reasons are given orally at a hearing under paragraph (3), those reasons may be either— (i) summary reasons, or (ii) full reasons. (4B) Where summary reasons are given under paragraph (4A)(b)(i), the presiding member must announce that the reasons given are summary reasons and that written summary reasons will not be provided unless requested by any party— (a) at the hearing, or (b) by a written request received by the Tribunal within 14 days of the sending of the written record of the decision, and the written record of the decision must repeat that information. (4C) Where written summary reasons are provided further to a request under paragraph (4B), they must state that written full reasons will not be provided unless requested by any party by a written request received by the Tribunal within 14 days of the sending of the written summary reasons. (4D) Where full reasons are given under paragraph (4A)(b)(ii), the presiding member must announce that written full reasons will not be provided unless requested by any party— (a) at the hearing, or (b) by a written request received by the Tribunal within 14 days of the sending of the written record of the decision, and the written record of the decision must repeat that information. (4E) If the Tribunal receives a request for written summary reasons in accordance with paragraph (4B), the Tribunal may, if it considers it appropriate to do so, provide written full reasons. (5) If the Tribunal does not receive a request for written reasons under paragraph (4) , (4C) or (4D), the Tribunal must provide written reasons for a case management order or written full reasons for a judgment only if requested to do so by the Employment Appeal Tribunal or a court. (6) The reasons given for any decision must be proportionate to the significance of the issue and for case management orders may be very short. (7) In this rule— “full reasons” are reasons which— identify the issues which the Tribunal has determined, state the findings of fact made in relation to those issues, concisely identify the relevant law, and state how that law has been applied to those findings in order to decide the issues, and where the judgment includes a financial award, identify by means of a table or otherwise, how the amount to be paid has been calculated; “summary reasons” are reasons which provide a brief explanation of why the Tribunal has reached its decision in respect of each issue. (8) Written reasons must be approved by the presiding member, other than written reasons for decisions made by a member of staff under rule 7(1) (delegation to staff).
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